Cuttack, June 30: The controversy over chopping off palms during the post-mortem of five of the 13 tribal people killed in the Kalinga Nagar police firing over six years ago has got a new twist with the Justice P.K. Mohanty Commission deciding take into account the views of the three doctors who had conducted the medical examination.
The term of the commission, which is inquiring into the January 2, 2006 firing, was extended by six months this April. The tribals killed in the police action were protesting against the acquisition of land for a 6 million tonne steel plant that was proposed to be set up there by Tata Steel.
The controversy erupted after the bodies of five of the 13 tribal people killed with their palms chopped off were handed over to their families by the Jajpur district administration on January 4, 2006. Pressure from various rights groups prompted the government to suspend the three doctors — Bibekanand Swain, Shantanu Kumar Sahu and Anup Kumar Nathsharma — who had chopped off the palms.
The suspended doctors challenged the suspension order in the high court claiming that they had cut off the palms during post-mortem to take finger prints, a mandatory practice in case of unidentified bodies, and that the directive had come from the administration and the police. The Odisha Medical Services Association (OMSA) had also taken up the case of these doctors.
The commission has now decided to consider the suspended doctors’ point of view before winding up recording of evidence in the case. The panel has so far received around 100 affidavits and 96 persons from among those who have filed affidavits have been examined.
“The commission feels that the standpoint of the three doctors, who had conducted the post-mortem at the Jajpur District Headquarters Hospital, is necessary to assess the statements filed before it,” commission’s counsel Dayananda Mohapatra told The Telegraph. “Accordingly, the commission has issued notices directing them to file affidavits in connection with the post-mortem, and fixed July 18 for the next sitting,” he said.
In February 27, 2008, the high court allowed the petition of the suspended doctors and issued directions to the government to reinstate them. But, the government dismissed the three doctors on October 24, 2008, following submission of a report by the Odisha Human Rights Commission. The government, however, withdrew the dismissal order and issued directions on June 26, 2009, to reinstate the three doctors.
In 2006, the state government had appointed Justice A.S. Naidu Commission for an inquiry into the Kalinga Nagar incident. But the commission was closed in May 2007 after a directive from the Supreme Court that sitting judges of the high court cannot head inquiry commissions.
Subsequently, Justice R.K. Patra Commission was constituted in January 2008. It recorded statements of the then collector and the Jajpur superintendent of police. With the Odisha government appointing Justice Patra as Lokpal, this commission, too, was closed and the Justice P.K. Mohanty Commission was entrusted with proceeding with the inquiry.





